This sample motion for withdrawal of deemed admissions under Rule 36(b) in United States District Court is filed on the grounds that the failure to serve timely responses to the requests for admission was excusable, that granting the motion will promote the presentation of the merits of the action and will not unreasonably prejudice the opposing party. The sample on which this preview is based is 11 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service by mail.

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Any Attorney or Party
Any Street
Any Town, CA 55555
714-555-5555
Any Attorney or Party
UNITED STATES DISTRICT COURT
________ DISTRICT OF _____________
Any Plaintiff,
Plaintiff,
vs.
Any Defendant, and DOES 1-5
Defendants.
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Case No.
NOTICE OF MOTION AND MOTION FOR
WITHDRAWAL OF ADMISSIONS;
MEMORANDUM OF POINTS AND
AUTHORITIES; DECLARATION OF_______;
EXHIBITS
DATE:
TIME:
PLACE
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Be sure to remove this notice and all other notices before
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NOTICE OF MOTION AND MOTION FOR WITHDRAWAL OF ADMSSIONS

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using this document.
PLEASE TAKE NOTICE that on ________, at ______M. in Courtroom _____ of the
above-entitled Court located at ___________________________, ______ will move this
will and does move this Court to withdraw or amend certain admissions pursuant to Federal Rule of
Civil Procedure 36(b) on the grounds that the Court may withdraw or amend a Request for
Admission response if such action by the Court will promote the presentation of the merits of the
action and will not unreasonably prejudice the ____________. __________ contends that such
action by the Court will promote the presentation of the merits of the action and will not
unreasonably prejudice the _____________.
This motion is made pursuant to Federal Rule of Civil Procedure 36(b) (“Rule 36(b)”) and
shall be based upon this Notice, the attached Memorandum of Points and Authorities, the declaration
of _________ and Exhibits attached thereto, the complete files and records of this action, and such
other and further oral and documentary evidence as may be presented at the hearing on this Motion.
Dated_________________________ _______________________________________
ANY ATTORNEY OR PARTY
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NOTICE OF MOTION AND MOTION FOR WITHDRAWAL OF ADMSSIONS

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MEMORANDUM OF POINTS AND AUTHORITIES
I.
STATEMENT OF FACTS
This case arises from LIST HERE BRIEF DETAILS OF THE CASE SUCH AS
BREACH OF CONTRACT, ETC. See Plaintiffs complaint on file.
On or about ______________ propounded various discovery requests including requests for
admission on ___________________.
The moving party failed to timely serve responses to the requests for admission due to the fact
that LIST HERE IN DETAIL THE FACTS AS TO WHY YOU DID NOT SERVE TIMELY
RESPONSES TO THE REQUESTS FOR ADMSSION. See the Declaration of ______________
and Exhibits attached thereto filed and served concurrently and incorporated herein by reference.
To view the sample document on which this preview is based visit:
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Withdrawal-of-Admissions-Under-Rule-36-b
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NOTICE OF MOTION AND MOTION FOR WITHDRAWAL OF ADMSSIONS